editorNPR Digital Services RSS Generator 0.94Nina Totenberg is NPR's award-winning legal affairs correspondent. Her reports air regularly on NPR's critically acclaimed newsmagazines All Things Considered, Morning Edition, and Weekend Edition.Totenberg's coverage of the Supreme Court and legal affairs has won her widespread recognition. Newsweek says, "The mainstays [of NPR] are Morning Edition and All Things Considered. But the creme de la creme is Nina Totenberg."In 1991, her ground-breaking report about University of Oklahoma Law Professor Anita Hill's allegations of sexual harassment by Judge Clarence Thomas led the Senate Judiciary Committee to re-open Thomas's Supreme Court confirmation hearings to consider Hill's charges. NPR received the prestigious George Foster Peabody Award for its gavel-to-gavel coverage — anchored by Totenberg — of both the original hearings and the inquiry into Anita Hill's allegations, and for Totenberg's reports and exclusive interview with Hill.That same coverage earned Totenberg additional awardsNPR Digital Services RSS Generator 0.94Nina TotenbergThu, 03 Nov 2016 22:54:06 +0000Nina Totenberghttp://kgou.org
Nina TotenbergWhen you root for a cursed sports team, you learn heartbreak — and superstition.I am a Bostonian and therefore spent most of my youth and middle age rooting with futility for the Red Sox, and pining for the day when the Curse of the Bambino would finally be purged.Most of my most acute memories of rooting for the Sox involve not disappointment, but decimation.I watched from an airport en route home from an assignment during what may have been the worst of these awful moments, the sixth game of the 1986 World Series against the Mets. I had a bad feeling in the pit of my stomach in the ninth inning (cursed-team fans always have these feelings) when we were one strikeout from victory. Then the Sox blew the lead, only to face ignominy in the 10th after Bill Buckner let an easy grounder escape through his legs. Poor Buckner is now in witness protection.In 2004 when the Sox were down three games to none in the American League playoff with the Yankees, my husband, David, got so mad at the endMy Husband's Hat Helped The Cubs Win The World Serieshttp://kgou.org/post/my-husbands-hat-helped-cubs-win-world-series
85250 as http://kgou.orgThu, 03 Nov 2016 21:38:00 +0000My Husband's Hat Helped The Cubs Win The World SeriesNina TotenbergWith just days until the election, some Senate Republicans are suggesting that when it comes to the Supreme Court, eight is enough. Eight justices, that is.For the first time, some Senate Republicans are saying that if Hillary Clinton is elected, the GOP should prevent anyone she nominates from being confirmed to fill the current court vacancy, or any future vacancy.The pronouncements are such a break with history and tradition that they often provoke the response, "Really?" Some see such statements as little more than an attempt to motivate the Republican base to get out and vote. Others, however, see the trend as a further deterioration of American institutions of government.Of course, a genuine and continued GOP blockade could backfire, too. It could make Republicans look like irresponsible, petty political obstructionists.Senate Republican leader Mitch McConnell has not gone so far as to embrace a permanent blockade if Clinton is elected, but he set in motion the idea back in8 Is Enough For Supreme Court, Some Senate Republicans Suggesthttp://kgou.org/post/senate-republicans-could-block-potential-clinton-supreme-court-nominees
85240 as http://kgou.orgThu, 03 Nov 2016 20:25:00 +00008 Is Enough For Supreme Court, Some Senate Republicans SuggestNina TotenbergAt the Supreme Court on Monday, the justices heard arguments in the case of a girl with disabilities, her service dog and the school that barred the dog from the premises.Ehlena Fry was born with cerebral palsy, which significantly limits her mobility but not her cognitive skills. So when she was about to enter kindergarten in Napoleon, Mich., her parents got a trained service dog — a white furry goldendoodle, named Wonder.Dog and kid traveled to Ohio and trained together for two weeks so that Ehlena could use Wonder to help her, for example, open and close doors, transfer from a chair to a walker, or from a walker to a toilet seat.But the school district would not allow the dog. It said it was already paying for an aide to help the child, and the dog was unnecessary.Ehlena's parents maintained the dog was necessary to make her more independent, just as a Seeing Eye dog would be for a blind student. They subsequently moved to another, more welcoming school district, where Wonder helpedService Dog Case Draws Skepticism From Both Sides At The Supreme Courthttp://kgou.org/post/service-dog-case-draws-skepticism-both-sides-supreme-court
85055 as http://kgou.orgMon, 31 Oct 2016 22:01:00 +0000Service Dog Case Draws Skepticism From Both Sides At The Supreme CourtNina TotenbergThe U.S. Supreme Court on Monday takes up the case of a girl, her service dog and a school that barred the dog from its premises.Ehlena Fry was born with cerebral palsy, a condition that significantly limited her motor skills but not her cognitive ability. So when she was 5, her pediatrician recommended that her parents get a service dog to help her become more independent. Family and friends threw fundraisers to scrape together the $13,000 needed for the right dog, and in 2009, Ehlena and her parents went to Ohio to train for two weeks with their new goldendoodle, a cuddly, big white pup named Wonder.The Frys had talked to Ehlena's school about the dog, but when Ehlena brought Wonder to class with her, she was told the service dog was not allowed.School officials have refused to talk about the case, but their legal position is that under the Individuals with Disabilities Education Act, the district was already paying for an aide to help Ehlena physically in school and that the dog wasA Girl And Her Service Dog Head To The Supreme Courthttp://kgou.org/post/girl-and-her-service-dog-head-supreme-court
85009 as http://kgou.orgMon, 31 Oct 2016 09:00:00 +0000A Girl And Her Service Dog Head To The Supreme CourtNina TotenbergWhile political Washington is in a tizzy about the election and what it portends for the Supreme Court, Justice Ruth Bader Ginsburg is prepping for her operatic debut in Italian composer Gaetano Donizetti's "The Daughter of the Regiment."For one night in November, the diminutive legal diva will play the nonsinging role of the Duchess of Krakenthorp, a character akin to the dowagers in Marx Brothers movies.It's no cameo. According to the Washington National Opera, while this opera is "best known for its vocal acrobatics, the high-comedy antics" of the nonsinging duchess "often steal the show."Indeed, for Ginsburg's one-night stand, the script has been altered. At one point, for example, after the duchess observes that the best leaders of the House of Krakenthorp have been "persons with open but not empty minds, individuals willing to listen and learn," she looks at the audience meaningfully, and asks, "Is it any wonder that the most valorous members ... have been women?"She goes on toJustice Ginsburg Will Make Her Operatic Debut — Sort Ofhttp://kgou.org/post/justice-ginsburg-make-her-operatic-debut-sort
84444 as http://kgou.orgFri, 21 Oct 2016 10:00:00 +0000Justice Ginsburg Will Make Her Operatic Debut — Sort OfNina TotenbergThis year's presidential election will be the first in a half-century without the significant presence of federal observers at polling places. That's because in 2013 the U.S. Supreme Court struck down a key provision of the Voting Rights Act, and when the court wiped out that section, the statute that provided for election observers went, too.The landmark decision in Shelby County v. Holder doesn't mean civil rights officials are totally disarmed. The Justice Department will still send out "hundreds" of "monitors" to oversee Election Day compliance. But the number is smaller than it was before, and monitors can only enter the polling place if local officials agree. Observers, by contrast, had a statutory right to be inside polling places. They were trained specifically for the task. There also were many more of them, and they had far more authority than monitors."We can't deny the costs of Shelby County" in terms of enforcement powers, says Vanita Gupta, assistant attorney general forWill The New Era Of Limited Federal Monitoring Still Protect Voter Rights?http://kgou.org/post/will-new-era-limited-federal-monitoring-still-protect-voter-rights
84341 as http://kgou.orgWed, 19 Oct 2016 20:33:00 +0000Will The New Era Of Limited Federal Monitoring Still Protect Voter Rights?Nina TotenbergSen. John McCain (R-Ariz) said Monday that if Hillary Clinton is elected, Republicans will unite to block anyone she nominates to the Supreme Court.Speaking on WPHT-AM radio's "Dom Giordano Program" in Philadelphia, McCain pledged to obstruct any Clinton Supreme Court nomination for the current or any future vacancy."I promise you that we will be united against any Supreme Court nominee that Hillary Clinton, if she were president, would put up," he declared.McCain said that's why it is so important that Republicans retain control of the Senate.Given that two of the sitting justices are 80 or older, and another is 78, there is a strong possibility that the next president will have more than one high court opening to fill.The current court has been operating with just eight members since last February when Justice Antonin Scalia died unexpectedly. Republicans have refused since then to confirm President Obama's nominee, Judge Merrick Garland, on grounds that filling the slot should beSen. McCain Says Republicans Will Block All Court Nominations If Clinton Winshttp://kgou.org/post/sen-mccain-says-republicans-will-block-all-court-nominations-if-clinton-wins
84221 as http://kgou.orgTue, 18 Oct 2016 01:43:00 +0000Sen. McCain Says Republicans Will Block All Court Nominations If Clinton WinsNina TotenbergSupreme Court Justice Ruth Bader Ginsburg is walking back a critical comment she made about some NFL players for refusing to stand for the national anthem at football games.In a recent book interview, Ginsburg was asked how she felt about the protest by San Francisco quarterback Colin Kaepernick and two of his teammates.She replied that while entirely legal, she thought it was "dumb and disrespectful." But trying to make such protests illegal, she said, would be "dangerous.""What I would do is strongly take issue with the view they are expressing," she said.In response to press inquiries, Ginsburg released a statement Friday saying that in view of the fact that she had been "barely aware of the incident or its purpose," her comments were "inappropriately dismissive and harsh." Said the justice, "I should have declined to respond."This summer, Ginsburg caused a far more serious stir and apologized after she expressed negative views about Donald Trump. She said then that judges shouldJustice Ginsburg Walks Back Criticism Of Colin Kaepernick's Kneelinghttp://kgou.org/post/justice-ginsburg-walks-back-criticism-colin-kaepernicks-kneeling
84065 as http://kgou.orgFri, 14 Oct 2016 21:30:00 +0000Justice Ginsburg Walks Back Criticism Of Colin Kaepernick's KneelingNina TotenbergIt's only the second week of oral argument at the U.S. Supreme Court and already the justices are on their third case involving race and the criminal justice system.Tuesday's case tests the constitutionality of widespread rules that bar courts from examining evidence of racial bias in jury deliberations.The federal rules of evidence, as well as rules in most states, generally bar courts from hearing juror testimony about deliberations after a trial is over. Indeed, the Supreme Court just two years ago ruled that to allow an inquiry into jury deliberations would threaten the integrity of the jury system by inhibiting jurors' discussions.In that 2014 decision, however, the Court specifically said there "may be some cases of juror bias so extreme" that, by definition, the right to a fair trial "has been abridged."If and when such a case arises, the Court said, it would decide whether an exception is warranted.That day has now come in the case of Miguel Peña-Rodriguez.Peña-Rodriguez was aSupreme Court Hears Case On Racial Bias In Jury Deliberationshttp://kgou.org/post/top-court-hears-case-racial-bias-jury-deliberations
83818 as http://kgou.orgTue, 11 Oct 2016 08:39:00 +0000Supreme Court Hears Case On Racial Bias In Jury DeliberationsIn oral arguments on Tuesday, the U.S. Supreme Court enters the smartphone wars.The case, which pits Samsung against Apple, could have major repercussions for tech products across the board.The two smartphone giants have been battling each other — not just in the marketplace but also in the courts — since 2011, a year after Samsung unveiled a new set of smartphones, including the Galaxy. Like iPhones, the Samsung products, for the first time, had rounded corners and square icons on a touchscreen.Apple alleged, in part, that its South Korean rival had infringed three design patents for discrete components of the iPhone — the front face of the device, the rounded edges framing the face, and the device's distinctive matrix of colorful square icons.In 2012, a jury ruled in Apple's favor and Samsung was ordered to pay $399 million in damages — all the profits it had made on 11 infringing phone models.Samsung appealed, arguing that it should not have to fork over its total profits; rather,What's In A Design? A Smartphone Battle In The Highest Courthttp://kgou.org/post/whats-design-smartphone-battle-highest-court
83817 as http://kgou.orgTue, 11 Oct 2016 08:22:00 +0000What's In A Design? A Smartphone Battle In The Highest CourtNina TotenbergThe Supreme Court heard arguments Wednesday in the case of Duane Buck, a convicted Texas murderer sentenced to die after a psychologist testified that he was more likely to commit violent crimes in the future because he is black.Buck shot and killed his ex-girlfriend in front of her three children while she begged for her life. He killed the man he thought she was sleeping with and he shot his own stepsister, Phyllis Taylor, who survived the horrific night.Taylor was at the Supreme Court on Wednesday, supporting Buck's attempt to win a new sentencing hearing. "I pray that it be converted to life," she said, "because I know who he is, and on that particular day, he was under the influence of drugs."To sentence a defendant to death under Texas law, a jury must unanimously agree that the defendant poses a future danger. In this case, Buck's own lawyer hired psychologist Walter Quijano, who testified that Buck was generally not violent, but that he was more likely to commit violent acts inSupreme Court Hears 'Indefensible' Death Penalty Case Where Race Linked To Violencehttp://kgou.org/post/supreme-court-hears-indefensible-death-penalty-case-where-race-linked-violence
83539 as http://kgou.orgWed, 05 Oct 2016 22:16:00 +0000Supreme Court Hears 'Indefensible' Death Penalty Case Where Race Linked To ViolenceNina TotenbergThe U.S. Supreme Court hears arguments Wednesday in the case of Duane Buck, a convicted Texas murderer who was sentenced to die after an expert witness testified that Buck was more likely to commit violent crimes in the future because he is black.There is no doubt about Duane Buck's guilt or the gruesome nature of his crime. He shot and killed his ex-girlfriend in front of her children while she begged for her life. Buck also killed the man he thought she was sleeping with. And he shot his own stepsister, who was at the scene, though she survived.While the jury easily convicted Buck, it had trouble deciding whether to sentence him to death or life in prison. The jurors were out for two days, sending four notes to the judge, focusing, apparently, on the question of future dangerousness. Under Texas law, a jury cannot sentence a defendant to death unless it unanimously concludes he poses a future danger.During the sentencing phase of the trial, Buck's lawyer put psychologist WalterSupreme Court To Hear Death Penalty Case Based On Racially Tainted Testimonyhttp://kgou.org/post/supreme-court-hear-death-penalty-case-based-racially-tainted-testimony
83497 as http://kgou.orgWed, 05 Oct 2016 09:26:00 +0000Supreme Court To Hear Death Penalty Case Based On Racially Tainted TestimonyNina TotenbergCopyright 2016 NPR. To see more, visit http://www.npr.org/.Supreme Court Hears First Round Of Arguments In New Termhttp://kgou.org/post/supreme-court-hears-first-round-arguments-new-term
83462 as http://kgou.orgTue, 04 Oct 2016 20:32:00 +0000Supreme Court Hears First Round Of Arguments In New TermNina TotenbergThe Supreme Court gets down to work on Tuesday, hearing the first arguments of a new term.Technically, the court term began on the traditional first Monday in October, but because it fell on the same day as the Jewish New Year, the court's three Jewish justices were absent and the remaining justices conducted only administrative business.It's been eight months since Justice Antonin Scalia, a conservative icon, died unexpectedly. An hour after Scalia's death was confirmed, Senate Republican leader Mitch McConnell issued a statement declaring that there would be no hearings and no vote on anyone President Obama named to fill the vacancy. The seat, he declared, would be filled by the next president.McConnell's been true to his word so far. Even after President Obama offered an apparent olive branch — nominating Merrick Garland, a centrist liberal judge long praised by Republicans — McConnell did not budge. Garland has now waited for a confirmation vote longer than any other Supreme CourtStill Down A Justice, Supreme Court Term Is Off To A Restrained Starthttp://kgou.org/post/still-down-justice-supreme-court-term-restrained-start
83427 as http://kgou.orgTue, 04 Oct 2016 09:07:00 +0000Still Down A Justice, Supreme Court Term Is Off To A Restrained StartNina TotenbergA federal appeals court panel Monday blocked Indiana Gov. and Republican vice presidential candidate Mike Pence's attempt to keep Syrian refugees out of Indiana.The court upheld a lower court judge in barring Pence from interfering with the distribution of federal funds to resettle Syrian refugees in his state. The appeals court panel said that federal law bars discrimination based on nationality.The three-judge panel that issued the ruling is an all-star group of conservative judges, including one of the judges on Republican presidential candidate Donald Trump's list of potential Supreme Court nominees.In a unanimous opinion, the appeals court said Gov. Pence acted illegally in accepting federal money for refugee resettlement and then refusing to use that money to aid Syrian refugees.The panel rejected Pence's argument that terrorists are posing as Syrian refugees to gain entry into the U.S., calling it a "nightmare speculation" based on no evidence. Indeed, the court said, the stateFederal Court Blocks Gov. Pence's Attempt To Bar Syrian Refugees From Indianahttp://kgou.org/post/federal-court-blocks-gov-pences-attempt-bar-syrian-refugees-indiana
83418 as http://kgou.orgMon, 03 Oct 2016 22:43:00 +0000Federal Court Blocks Gov. Pence's Attempt To Bar Syrian Refugees From IndianaNina TotenbergWith the presidential election just five weeks away, all discussions about the U.S. Supreme Court focus on the unfilled vacancy created by the death of Justice Antonin Scalia, and the likelihood of more vacancies to come. Speculation about the most likely justice to retire centers on 83-year-old Justice Ruth Bader Ginsburg. But in an interview with NPR, she didn't sound like a woman eager to retire.The occasion for the interview was the publication of a new book titled My Own Words. It includes a wide sampling of Ginsburg's writing, from a childhood newspaper piece to current Supreme Court opinions and dissents.The writing samples were chosen jointly by Ginsburg and her authorized biographers, law professors Mary Hartnett and Wendy Williams. The original plan was to have this volume come out after the biography was published. But as Ginsburg put it in our interview last month:"My biographers ... would like to have my time at the court almost complete before they finish the book. WeNo, Ruth Bader Ginsburg Does Not Intend To Retire Anytime Soonhttp://kgou.org/post/no-ruth-bader-ginsburg-does-not-intend-retire-anytime-soon
83365 as http://kgou.orgMon, 03 Oct 2016 09:00:00 +0000No, Ruth Bader Ginsburg Does Not Intend To Retire Anytime SoonNina TotenbergIt's been nearly eight months since Supreme Court Justice Antonin Scalia died unexpectedly, leaving the nation's highest court short-handed, and evenly divided on some of the most important legal issues of the day.While Democrats had expected to exploit GOP stonewalling on a replacement, Republicans have played the issue shrewdly.Within hours of Scalia's death on Feb. 13, Senate Republican leader Mitch McConnell pledged that no Obama nominee would get a hearing or a vote for nearly a year. The people should have a voice in the selection, he said, and "therefore this vacancy should not be filled until we have a new president."A month later, Obama nominated Merrick Garland, the most centrist of the oft-mentioned potential Democratic nominees. For years, Republicans had called Garland the kind of consensus candidate they could support. But McConnell was able to keep his senators in line, and since the GOP controls the Senate agenda, that meant the Garland nomination remained in totalThe Supreme Court: A Winning Issue In The Presidential Campaign?http://kgou.org/post/supreme-court-winning-issue-presidential-campaign
83190 as http://kgou.orgThu, 29 Sep 2016 20:53:00 +0000The Supreme Court: A Winning Issue In The Presidential Campaign?Nina TotenbergCopyright 2016 NPR. To see more, visit http://www.npr.org/.Presidential Election Likely To Impact Short Handed Supreme Courthttp://kgou.org/post/presidential-election-likely-impact-short-handed-supreme-court
83192 as http://kgou.orgThu, 29 Sep 2016 20:34:00 +0000Presidential Election Likely To Impact Short Handed Supreme CourtNina TotenbergThe U.S. Supreme Court refused to intervene in a voting rights case from Ohio on Tuesday, leaving intact a reduction of early voting days that was enacted by the state's Republican-controlled Legislature.The cutback still allows for 23 days in which voters can cast in-person ballots prior to Election Day, but it eliminates the so-called Golden Week in which voters can both register and cast ballots.The state argued that it was within its rights to eliminate that week to ease the administrative burden on state and local officials, and it noted that it had added an extra Sunday to early voting to settle a challenge brought by the NAACP. Ohio Democrats, however, maintained that the remaining cutback still placed a disproportionate burden on minority voters.This summer, the Supreme Court has repeatedly refused to intervene in voting rights cases so close to the November election. In other cases, that has meant the court has left intact lower court rulings that struck down strict voter IDSupreme Court Leaves Ohio Voting Restrictions In Placehttp://kgou.org/post/supreme-court-leaves-ohio-voting-restrictions-place
82310 as http://kgou.orgTue, 13 Sep 2016 17:38:00 +0000Supreme Court Leaves Ohio Voting Restrictions In PlaceNina TotenbergThe Supreme Court on Friday temporarily invalidated Michigan's new ban on straight-ticket voting. The court let stand lower court rulings that blocked the ban from going into effect.The straight-ticket option allows voters to cast their ballots for all candidates of one party with a single mark.Last January, the Republican-controlled Legislature in Michigan voted to ban the straight-ticket option, which was first enacted 125 years ago and is popular particularly among black urban voters as well as in some heavily Republican areas.In July, a federal judge temporarily blocked the ban from going into effect, saying it would create longer lines and disproportionately affect black voters. A federal appeals court refused a request to block the lower court order, and Republican state officials appealed to the Supreme Court asking the justices to let the law go into effect.But the high court refused to intervene, over the objections of the court's two most conservative justices — ClarenceIn Michigan, You Can Check A Box To Vote Down A Ballot, Supreme Court Sayshttp://kgou.org/post/supreme-court-upholds-michigans-straight-ticket-voting
82108 as http://kgou.orgFri, 09 Sep 2016 17:34:00 +0000In Michigan, You Can Check A Box To Vote Down A Ballot, Supreme Court Says